Remanded

Abhay Kumar @ Abhay v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC11 Dec 2024CRLR/1277/2024

Case brief

AI extract

What is this about?

In a criminal revision regarding a matrimonial dispute where the revisionist was absent but the other party appeared, the Bench referred the matter to the Mediation and Conciliation Centre for settlement, provided a deposit requirement, and stayed the impugned order pending the mediation report. Disposition: referred to mediation with stay of order.

What did the court decide?

Referral to Mediation and Conciliation Centre; stay of impugned order subject to deposit and participation; automatic termination of protection on default.

Abhay Kumar @ Abhay vs State of U.P. Thru. Secy… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL REVISION No. - 1277 of 2024

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Revisionist :- Abhay Kumar @ Abhay

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Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another

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Counsel for Revisionist :- Narendra Gupta Counsel for Opposite Party :- G.A.,Arun Diwaker,Bhaskar Dutt Misra,Madhusudan Dutt Mishra

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Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard learned counsel for the revisionist, learned A.G.A appearing for the State and Shri Madhusudan Dutt Mishra, learned counsel appearing on behalf of opposite party no. 2.

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2. In deference to the order of this Court dated 22.10.2024, when the matter was taken up for hearing, revisionist Abhay Kumar @ Abhay has not appeared before this Court. However, opposite party no.2 Smt. Sumitra has appeared before this Court and identified through her counsel Shri Madhusudan Dutt Mishra.

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3. Having regard to the fact that infact the dispute between the parties is matrimonial in nature and that there is a fair possibility of its settlement through the process of mediation, therefore, in aforesaid view of the matter, as also having regard to the willingness of parties, who are present in person, an attempt ought to be made to explore such possibility. Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court, where the revisionist Abhay Kumar @ Abhay and opposite party no.2 Smt. Sumitra shall appear in person for amicable settlement of their dispute through the process of mediation.

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4. It is provided that revisionist shall deposit a demand draft of Rs.20,000/- within two weeks from today positively. Out of the

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deposited amount, Rs.15,000/- shall be handed over to opposite party No. 2, Smt. Sumitra, on her first appearance before the Mediation Centre for miscellaneous expenses. It is further provided that a sum of Rs.5,000/- shall remain deposited with the Mediation and Conciliation Centre of this Court. The parties shall appear before Mediation and Conciliation Centre of this Court on 07.01.2025.

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5. It is made clear that this amount i.e. Rs.20,000/- shall be adjusted towards any amount which the parties ultimately settle through the process of mediation.

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6. The mediator is allowed two months time to find out possible solution of the dispute between the parties and send his report to this Court regarding the outcome of mediation.

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7. List this case immediately thereafter along with report of the mediator.

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8. Till the next date of listing only, the impugned order dated 27.09.2024, shall not be given effect to qua the present revisionist- Abhay Kumar @ Abhay only.

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9. It is made clear that in case revisionist fails to deposit the amount of Rs.20,000/- within stipulated period or nonparticipation of the revisionist in the mediation proceedings without any just cause, the protection granted herein above shall automatically come to an end without any further reference to this Court.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 11.12.2024 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Abhay Kumar @ Abhay v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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Abhay Kumar @ Abhay v. State of U.P. Thru. Secy. Home Lko. and Another

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